67LTermination of arbitration—lack of capacity

67L Termination of arbitration—lack of capacity

(1) If an arbitrator considers that a party to an arbitration does not have the capacity to take part in the arbitration, the arbitrator must: (a) terminate the arbitration; and (b) for an arbitration under section 13E of the Act, refer the matter to the court that ordered the arbitration. (2) For subregulation (1), a person who is a party to an arbitration does not have the capacity to take part in the arbitration if: (a) the person does not understand the nature and possible consequences of the arbitration; or (b) the person is not capable of: (i) giving adequate instruction to his or her representative for the conduct of the arbitration; or (ii) satisfactorily appearing in person in the arbitration.